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(영문) 대구지방법원 2014.11.14 2014고단4745
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 7, 2014, at around 00:10 on August 7, 2014, the Defendant: (a) interfered with the performance of duties and the damage of property, at the “D” restaurant operated by the victim C in Daegu Northern-gu, Daegu Northern-gu; (b) at the same time, the Defendant argued with E, a person under the influence of alcohol, with the victim’s own possession of the victim who was on the table of the table, hump, hump, hump, hump, and hump, hump and hump 15 minutes of the disturbance.

As a result, the Defendant damaged the property equivalent to the market value of 150,000 won, such as the water reservoir, stop display, etc. owned by the victim, and interfered with the victim's restaurant business by force.

2. On August 7, 2014, at the G Hospital emergency room located in Daegu Northern-gu, Daegu, the Defendant: (a) reported on August 7, 2014, at the G Hospital, that there was a person who fright to drink and drink, and (b) sent the Defendant to an emergency room in the Daegu Northern-gu, Police Station H District, which called the scene after receiving a report from 112, to check the Defendant’s face and send the Defendant to the above G Hospital emergency room for medical treatment; (c) the Defendant did not give a sound to the doctor, but did not return to the hospital and did not receive any disturbance, and did so at one time.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by the Inspector I, who is a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement made to I and C;

1. Written estimate;

1. Application of Acts and subordinate statutes to on-site photographs within the main points;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommending punishment] The scope of obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) shall be mitigated (one month to August).

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